NEW HAMPSHIRE WATER RESOURCES BOARD v. LEBANON SAND & GRAVEL CO.

No. 5580.

108 N.H. 254 (1967)

NEW HAMPSHIRE WATER RESOURCES BOARD v. LEBANON SAND & GRAVEL, INC.

Supreme Court of New Hampshire.

Decided October 6, 1967.


Attorney(s) appearing for the Case

George S. Pappagianis, Attorney General and R. Peter Shapiro, Assistant Attorney General (Mr. Shapiro orally), for the plaintiff.

Upton, Sanders & Upton(Mr. Richard F. Upton orally), for the defendant.


DUNCAN, J.

In 1955, by legislative act, the placing of fill in great ponds was prohibited, except pursuant to grant by the Governor and Council of the right to do so, "for such consideration as they deem just." Laws 1955, 244:1 (RSA 482:41-a, 49-b (supp)). See State v. Stafford Company, 99 N.H. 92. In 1959, the Legislature amended the statute to provide that payments received by the State from such grants should be credited...

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